At the outset, I want to make it clear that I do not approach this issue with a political agenda, one way or the other. I strongly believe that the vast majority of police officers are decent, hardworking, underappreciated and underpaid, given the difficult job they have to do -- keeping our streets safe.
Nonetheless, as a lawyer, I strongly believe it is my obligation to clients and potential clients to investigate these claims seriously, and to seek redress under the law whenever a wrong appears to have been done. As I will further explain in the course of the next few weeks, these are difficult cases to litigate, involving complex legal issues and requiring a high threshold of evidence in order for a claim to survive judicial scrutiny. In my next blog post I will explain the applicable legal standard in New York State governing cases for wrongful arrest and excessive force and after that I will provide examples of the types of cases that I have handled recently based upon these types of claims.
Finally, as a closing note to this introductory blog post on this topic, I want to emphasize that if you (or a friend or family member) believe that you have been subject to a wrongful arrest and/or an injury caused by excessive force, it is important that you act promptly in order to preserve a potential claim. New York law requires a claim must be filed against the responsible public entity as follows:
- 90 days to file a formal claim against a city in New York, and one year and 90 days to file a lawsuit against a city. (N.Y. Gen. Mun. Laws § 50-e.)
- 90 days to file a formal claim against a county in New York, and one year and 90 days to file a lawsuit. (N.Y. County Law § 52.)
- 90 days to file a claim against the State of New York (or notice of intent to file claim if, within the 90 days, you are unable to arrive at a final claim figure, such as if your medical treatment is incomplete). (N.Y. Court of Claims Act § 10.)
